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Child Custody Preference Age in Georgia

In Georgia a child 14 or older may select the parent to live with, and that choice is presumptive unless the selected parent is not in the child's best interests; for ages 11 to 13 the judge considers the child's desires but they do not control.

Last checked . General information, not legal advice.

Georgia at a glance

Age named in statute
14 (presumptive choice), 11 to 13 considered
A 14 year old's selection may be made only once every two years for modification purposes.
How the preference is weighed
Presumptive at 14 and considered at 11 to 13
For ages 11 to 13 the judge has complete discretion and the best interests standard controls.
Preference can be decisive
Conditional: presumptive at 14 unless not in best interests

Sources

Last checked

The rules in Georgia

At what age does a child's custody preference count in Georgia?

Age named in statute in Georgia: 14 (presumptive choice), 11 to 13 considered. A 14 year old's selection may be made only once every two years for modification purposes.

How do courts in Georgia weigh a child's custody preference?

How the preference is weighed in Georgia: Presumptive at 14 and considered at 11 to 13. For ages 11 to 13 the judge has complete discretion and the best interests standard controls.

Can a child's preference decide custody in Georgia?

Conditional: presumptive at 14 unless not in best interests. Preference can be decisive in Georgia: conditional: presumptive at 14 unless not in best interests.

Where do the Georgia child custody preference laws come from?

The rules above come from Ga. Code 19-9-3(a)(5) and Ga. Code 19-9-3(a)(6). Each source is linked on this page. We last checked them in October 2026.

Good to know

A 14 year old's selection may, by itself, be a material change in circumstances supporting a custody modification. For ages 11 to 13, the judge may order a temporary custody trial period of up to six months with the selected parent.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.